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    • JustThisGuyYouKnow
    • By JustThisGuyYouKnow 11th Sep 17, 9:23 PM
    • 2Posts
    • 1Thanks
    ParkingEye, Tower Road - again.
    • #1
    • 11th Sep 17, 9:23 PM
    ParkingEye, Tower Road - again. 11th Sep 17 at 9:23 PM

    ParkingEye recently sent a POFA 2012 PCN to me as the registered keeper of a vehicle recorded entering Tower Road and leaving shortly afterwards. The vehicle did not park as there were no spaces available and no ticket was purchased. I've read the sticky and am about to appeal as the keeper using the BPA template, I just wanted to check if adding the below text was too much at this stage and should I leave this detail for the POPLA appeal?

    On the day in question, the driver could not find an available parking space and as soon as was practical, left the car park. Your APNR cameras appear to only register the time entering and leaving the site and do not capture the vehicle parked, because as stated on behalf of the driver it wasn’t; as per 3JD08399 ParkingEye v Ms X. (Altrincham 17/03/2014) time spent within a car park looking for a space, cannot be considered as time parked, also during the aforementioned case your representative Mr Langham stated “Parking Eye operates a fair and reasonable grace period that allows motorists to enter and exit the car park.”; as the keeper of the vehicle and being familiar with driving vehicles of such size I would argue that on such a busy August bank holiday weekend less than XXX full minutes would be considered well within such a grace period considering the time required for the driver to carefully navigate the narrow access lanes within the car park whilst avoiding collisions with parked vehicles or pedestrians with pushchairs, surfboards and other unwieldy items as well as the extra time required to allow for additional vehicles entering the site via the extremely narrow and congested exit onto the highway.

    As such, I believe that clause 13.1 and 13.2 of the BPA Code of Practice applies and will be featured in any future appeal or court defence, as well as other legal arguments including but not limited to questions around compliance with your KADOE contract with the DVLA; given that no contract was entered into by the driver, you appear to have no probable cause to request the details of the vehicles keeper from the DVLA.
    Many thanks to everyone on the board here for all the help and guidance, I was considering just ignoring this PCN as I'd read was possible in the past. I'm so glad I came here for help first. Apologies for creating another post.
Page 1
    • Redx
    • By Redx 11th Sep 17, 10:15 PM
    • 15,526 Posts
    • 19,616 Thanks
    • #2
    • 11th Sep 17, 10:15 PM
    • #2
    • 11th Sep 17, 10:15 PM
    seems ok to me , the main thing is to not identify the driver at any point

    appeal on their website as KEEPER

    and please note , IGNORING would have been VERY foolish

    good luck

    ps:- if it has too many characters for the appeal box, cut it down
    Last edited by Redx; 11-09-2017 at 10:20 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 12th Sep 17, 1:27 AM
    • 50,161 Posts
    • 63,535 Thanks
    • #3
    • 12th Sep 17, 1:27 AM
    • #3
    • 12th Sep 17, 1:27 AM
    you appear to have no probable reasonable cause to request the details of the vehicles keeper from the DVLA.
    The rest looks fine.

    Did the PCN arrive by day 14 and does it have the POFA paragraph in the middle on the back?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • JustThisGuyYouKnow
    • By JustThisGuyYouKnow 12th Sep 17, 11:31 AM
    • 2 Posts
    • 1 Thanks
    • #4
    • 12th Sep 17, 11:31 AM
    • #4
    • 12th Sep 17, 11:31 AM
    Thanks both.

    To confirm, NTK arrived within the 14 day window and does have a POFA section.
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